In this episode with the Boorman Lawyers Court reports, we take a look at a low range drink driving offence at Southport Magistrates Court where we achieved the successful drink driving work licence application for our client.
DUI Video #TimeStamps
00:14 – Welcome to #BoormanLawyers Southport Court Update
00:40 – Discussing client poor traffic history
01:00 – Eligible for a work licence
01:45 – Well prepared Affidavit from Employer & the Applicant
02:15 – Fit and proper person to be granter a work licence
02:40 – Persuade Court that client would suffer financial hardship & lose his job if he couldn’t drive
03:20 – Completed the Traffic Offenders Program
03:50 – Result: 2 months Work Licence & $350 fine
04:20 – Contact our Southport DUI Lawyers on 1300 941 900
04:45 – Also visit our website for more information BoormanLawyers.com.au/traffic-law/
We appeared at Southport Magistrates Court on a work licence application which we succeeded on. Our client had a pretty poor traffic history. He previously had two drink drives and disqualified driving offences on his history. However, he was still eligible to apply for a restricted work licence on his latest offence, which was a low range drink drive.
DUI Work Licence Eligibility
The first step in relation to this application, we have to ensure that he was eligible to apply for the Section 87 Restricted Work Licence. Since he had NOT lost his licence in the last five years, and he was the holder of the Queensland driver’s licence, and he did have a very strong need to be able to continue driving in order to continue working, he was eligible.
1st Court Appearance & Case Preparation
First of all, we had to attend court a number of weeks to get out, four weeks ago, to advice the Court that we were going to put an application forward for a work licence. His matter was then adjourned since today.
That gave us enough time to prepare the paperwork, which is necessary to apply for a work licence. A lot of the proof in getting a work licence can’t come down to paperwork. We needed to get a strong affidavit from his employer to say that if he was unable to drive for the purpose of work, then he would ultimately lose his job.
We also needed to put in place a strong affidavit from the applicant, our client himself, indicating a number of things including what happened at the time of the offence, what went wrong, also, details in relation to his work and what he does. We also had to discuss issues surrounding what would make him a fit-and-proper-person to be granted a restricted work licence.
DUI Work Licence Court Hearing
So today was the appearance in the application. The affidavits in the application were previously filed with the Court served on the police prosecutors. The Magistrate spent time to read through the affidavits in the application. When it came time to present oral submissions I really needed to persuade the Magistrate that our client would suffer a significant financial hardship if he was unable to get a work licence and drive and, also, show the Court the he was a fit-and-proper-person to be granted a work licence.
The affidavit from his employer went a long way to show the Court that if he wasn’t able to drive, he would lose his job and that ultimately, he would suffer financial hardship if he was unable to work.
The other issue that we’ve really had to persuade the Magistrate on was that our client was a fit-and-proper-person to be granted the work licence. And to that end, our client went along and completed a traffic offender program. And this went a long way to show that some of his previous offences on his history could now be put to an end.
His offending behaviour could now put to an end by him going in rehabilitating and re-educating himself on driver’s safety and his responsibilities as a driver on the road.
Drink Driving Work Licence Outcome
The Magistrate was persuaded that he was a fit-and-proper-person to be granted the work licence. The work licence was granted. His low range blood alcohol reading was 0.058 and he was issued a restricted work licence for a period of two months and received the $350 fine. He was convicted but that was to be expected given his poor traffic record.
It was a relatively simple Section 87 Work Licence Application. But the big thing that we did need to persuade the Court on was that he was a fit-and-proper-person to be given a work licence since he did have such a poor and terrible traffic record.
QLD DUI Work Licence Lawyers
If you’ve been charged with a low or mid-range drink driving offence or even a low-level drug driving offence, feel free to give me a call on 1300 941 900.
Alternatively, check out other areas of out BoormanLawyers.com.au website, there’s a heap of information here about all sorts of traffic offences in Queensland. You might be able to read up and make yourself a bit more familiar with the current situation that you’re in.
If you’re unsure about anything, we can discuss whether you may or may not be eligible for a work licence. Certainly, I can discuss with you how we can best represent you and prepare a case and present it to the Court in relation to your matter.
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Speak to our Southport DUI Lawyers Ph: 1300 941 900
Our DUI Lawyers can be contacted at:
Boorman Lawyers NSW & QLD Solicitors